Family Visitor Visa-Mother-in-Visa Refused Twice

Mother-in-Law visa was rejected. I had applied her visa twice. First application was refused 7/04/14 then re-applied on 11/04/14 and again she had rejected. The ECO was satisfied with my sponsorship but not satisfied that she will return to Pak. I tried hard (give affidavit from her sons that they support her) to make them convinced that she would leave UK after her visit but ECOs were not convinced and refused her visa application twice. According to ECOs, she does not have any ties back in Pak.

Which is not the case. She has two sons living in Pak also she has a mother and rest of the family living in Pak.

Basically, she does not have any property to show in Pak. She is renting. She does not work. Only her sons support her. I can not think that how would I convince ECO that she will go back to Pak.

The following docs we submitted with her application twice
1. My sponsorship (Mentioned that I will cover full visit cost). "ECOs were convinced in refusal letters that I can support her visit ".
2. My Job letter, Mypayslips, Mybank statement, My ILR etc.
3. Mother in Law application, bank statement (£2500 approx, stating it was a gift money from her sons to spend in UK), Affidavite from her sons. Also, a letter from her that explained visit purpose, her circumstances in Pak, her children and their status, and a statement that she will be returned from UK after her visit (3months).

But in both applications ECOs were not convinced.

I have read quite a few stories about family visitor visa refusal on internet. I think that UK embassies around the world refusing family visitor visas quite frequently (now it is common practice for them, I suppose). At least it is true for cases like my mother in law. Genuine visitor are getting refused on the following grounds

1. Marital status (My mother in law is a widow) so in ECOs point of view (no ties in Pak)
2. Property, Income (She does not have property, her sons support her because she had been house wife throughout her life. In pakistan it is a common practice that parents supported by their children) - So in ECOs point of view no ties because she does not have a property, land etc. Also, she cannot support herself because her sons support her.
3. Result - no ties in Pak means "Refuse the visa application"

Any advice would be helpful. Many Thanks

sherjan

how does her sons currently support her? as you state she is renting so i presume she doesn't live with her sons or does she?

in addition to affidavit you need to provide some tangible evidence to prove that she is currently supported by her sons. These could be bank statements showing regular money from her sons for rent, food and expenditure. Just one time lumpsum deposit will not do any good.
Ties with home country can only be proved on the basis of documentation provided by the applicant. Sponsors undertaking is not normally considered.

where and when did she submitted her biometrics ?

ban.s wrote:how does her sons currently support her? as you state she is renting so i presume she doesn't live with her sons or does she?

in addition to affidavit you need to provide some tangible evidence to prove that she is currently supported by her sons. These could be bank statements showing regular money from her sons for rent, food and expenditure. Just one time lumpsum deposit will not do any good.
Ties with home country can only be proved on the basis of documentation provided by the applicant. Sponsors undertaking is not normally considered.

She is living with her sons and they are all living in the same rented house. One son is doing a job and other doing a little business.

With regards to supporting her, they(sons) do not transfer any money every month in her bank account . But they provide every necessity of life she requires (common practice in Pak).

The tangible evidence, she does not have one. She does not own any property, shares, etc or tangible asset. I agree that now we need to show something solid on paper. But what it would be? I don't know. The only thing I thought of was affidavit from her sons stating that they are looking after their mother which we provided in the second application.

This is quite frustrating in the long run. People like me who got family with kids here in UK cannot frequently visit loved ones abroad because of the cost and time. It is difficult and costly for a family of 4 people travelling abroad than a single person visiting us in the UK.
There should be something done by UKBA to review the criteria for family visitor visas. May be sponsor or appellant could have deposit a bond etc...


First time, she applied her family visitor visa in March and second time in April (just after 1st refusal)
Sherj

can you post the text of the second refusal letter especially if there was any reference to the affidavit?

also how was the affidavit worded? can you post here?

ban.s wrote:can you post the text of the second refusal letter especially if there was any reference to the affidavit?

also how was the affidavit worded? can you post here?

I need to ask her sons to send me the copies of affidavite and refusal letter. I will post here in a day or two.

Sherj

ban.s wrote:can you post the text of the second refusal letter especially if there was any reference to the affidavit?

also how was the affidavit worded? can you post here?

Mother-in-Law Refusal Letter

I note that you have been previously refused an Entry Clearance whilst each application is considered on its merits I must also be satisfied that you have addressed the Entry Clearance Officer’s concerns which were raised in the previous refusal notice.
I acknowledge the importance of family visit; however the onus is on you to qualify for entry clearance based on your own circumstances and your own intentions. You have said that your sponsor in the United Kingdom will help you with this visit by paying for your maintenance and accommodation whilst you are in the United Kingdom and I am satisfied that he is in a position to do so. But whilst I take that into account in assessing your proposed maintenance and accommodation in the United Kingdom that is only one aspect of the visitor rules and this sponsorship does not satisfy me of your own intention to leave the United Kingdom on completion of your visit.

It is your personal and financial circumstances which are of paramount importance and the onus is on you to qualify for entry clearance in your own right. It is your responsibility to satisfy me that your personal and financial circumstances are such that you will leave the UK on completion of the proposed visit and you have not done this. In order to assess your intentions I must consider you circumstances in Pakistan based on the information you have provided with your application. All applicants are advised to provide full evidence of the circumstances. We expect applications to provide this information as it assists us in making an informed assessment as to whether they intend to comply with the terms of visitor entry clearance.
You have declared yourself to be widowed, in receipt of £2200 monthly from others. From the documents submitted by you, this has not been demonstrated. I note a letter by your son-in-law which, states you have two sons in Pakistan, however you have provided no evidence to demonstrate that you have other family members residing with you in Pakistan. I cannot be satisfied of your circumstances in Pakistan, or that you are adequately supported in your home country. You sate you have no property, assets or savings.

Given all of the above, I am not satisfied that you have strong ties to Pakistan. I consider that there is little to encourage you to leave on completion of your visit. In addition, you have no evidence of travel and compliance with immigration procedures similar to those of the UK, which might offset my other concerns. All of this means that, on the balance of probabilities, I am not satisfied that you have accurately presented your circumstances or intentions in wishing to visit the UK now. I am not satisfied that you are genuinely seeking entry as visitor or that you intend to leave the UK on completion of your visit 41(i)(ii)
I have therefore refused your application because I am not satisfied on the balance of probabilities, that you meet all of the requirements of the relevant paragraph(s) of the United Kingdom immigration rules.

Your right of appeal is limited to the grounds referred to in section 84(i)(c) of the Nationality immigration and Asylum Act 2002.

sherjan wrote:

ban.s wrote:can you post the text of the second refusal letter especially if there was any reference to the affidavit?

also how was the affidavit worded? can you post here?

Mother-in-Law Refusal Letter

You have declared yourself to be widowed, in receipt of £2200 monthly from others. From the documents submitted by you, this has not been demonstrated. I note a letter by your son-in-law which, states you have two sons in Pakistan, however you have provided no evidence to demonstrate that you have other family members residing with you in Pakistan. I cannot be satisfied of your circumstances in Pakistan, or that you are adequately supported in your home country. You sate you have no property, assets or savings.

* She did not said that she was in receipt of £2200 monthly from others.

£2200 was the money given by her sons as a gift money which was clearly mentioned in Affidavite

She had also mentioned her family circumstances including how many children she has and what they do.

Eco stated my statement about her sons but not her which menthioned in her application

This is exactly what has happened in my case after application for my mother. They have said you dont have sufficient ties with Pakistan although we have said that she lives with her husband and two children. My brother is also working and my father also receives monthly pension. But they fear that she will come and start living with me in the UK and not return back to Pakistan. How am I supposed to convince them that Pakistan is her permanent home and she is only coming to visit me ? All supporting documents showing sufficient income in Pakistan was provided. bank statements etc. Like mentioned in the original post that the mother is supported only by their family like her sons in your case. What sort of proof would convince them of strong ties with the country and that she will return home.

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